Mashamhanda takes Malaba to HRC for "ignoring" com...

Mashamhanda takes Malaba to HRC for "ignoring" complaints againts judiciary officers

Zim Now Writer

Chief Justice Luke Malaba has been reported to the Zimbabwe Human Rights Commission by a prominent Harare businessman who feels has been ignored by the top judge on matters of a “serious nature”.

In a letter dated 15 January 2024, Tendai Mashamhanda wrote to ZHRC, accusing Malaba of deliberately ignoring his letters where he complained about the conduct of certain judges and judicial officers.

“I hereby lodge a formal complaint against the chairperson of the Judicial Services Commission, the Honourable Chief Justice of the Republic of Zimbabwe Luke Malaba.

“The Chairperson of the Judicial Services Commission failed to respond to my complaint letters I wrote to him through the Honourable Minister of Justice Legal and Parliamentary Affairs. To date, he has failed to acknowledge receipt of any of my five letters preferring to simply ignoring me,” he said.

By allegedly disregarding his letters, Mashamhanda argues that Malaba was protecting his subordinates.

“My complaints are against the conduct of various Judicial Officers and the Secretary of the Judicial Services Commission. They are of a serious nature.

“By failing to respond, the Chairperson of the Judicial Services Commission is sweeping the matter under the carpet to protect the improper conduct of His Officers and in the process denying me justice. His conduct is unconstitutional and violates several of my Constitutional Rights. I want the Zimbabwe Human Rights Commission to investigate violations of my Constitutional Rights,” he said.

Below are some of the complaint letters Mashamhanda sent to Malaba:

“My letter dated 31 May 2022 addressed to the Minister of Justice Legal and Parliamentary Affairs reference: Complaint against Deputy Chief Justice Gwaunza.

“Supreme Court of Zimbabwe judgement number SC24/22 civil appeal number SC, 09/20. Bariadie Investments (PVT) LIMITED V (1) Puwayi Chiutsi (2) Tendai Mashamhanda (3) The Registrar of Deeds (4) The Sheriff of the High Court of Zimbabwe, Supreme Court of Zimbabwe Gwaunza DCI, Guvava JA, Bhunhu JA Harare 16 and 17 September 2021 and 15 February 2022.”

My letter dated 25 August 2022 addressed to the Minister of Justice Legal and Parliamentary Affairs

He also cited a letter dated 20 December 2022 addressed to the Minister of Justice Legal and Parliamentary Affairs.

Mashamhanda also noted a letter dated 12 January 2023 to the Chairperson Judicial Services Commission. Ref. Complaint letters to Honourable Minister of Justice Legal and Parliamentary Affairs.